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Immigration Issues/H1B Stamping - Need Advice

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Question
Hi,

My status was changed from L1 to H1 on october 2008. i need my H1 visa stamped . am getting married in may 2009. i see two options

1) go to canada in feb 2009 and get H1 stamping and get H4 for my wife from india.
2) go to india and getting visa stamping together.

i personally feel option 2 is risky, as i will not have any option if visa is rejected in india (that to right after marriage)

Please suggest, what is the right thing to do and less risky option.

Also, i quit my job with company A on october 1 and joined a project on october 26. My H1 company didnot pay salary for october month. will this be an issue in stamping.

i will really benefit from your answer

Thanks
Rajesh


Answer
Hi Rajesh,

You can go to either your home country, or to any U.S. Consulate in Canada or Mexico, for H1B visa stamping. Your wife will apply for H4 visa at a U.S. Consulate in her home country, either at the same time that you apply for H1B, or any time thereafter.

In many cases the Consulates in Canada or Mexico do not issue H1B visa stamp, and instead suggest to the applicant to apply in their home country. Therefore, the likelihood of obtaining visa stamp is higher in the home country. Since your employment with Employer A was terminated when H1B status through Co. B took effect (on October 01), and since you joined Co. B shortly thereafter, there should be no problem with issuance of visa stamp.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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